Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-04-08

anything offered them provided their rates
are paid, and If the ordinary express car
so familiar on all railroads will mot
suffice they will charter special train.
Heretofore the methods of the express
companies have been modelled pretty
closely after those of the
railroads. The country has wit
messed competitive wars and cut
ting of rates between rival express COM
panies, followed by the usual pooling
and restoration of higher rates when
peace is restored; the express companies
have also made their through and local
rates, "the long and short haul" and
given rebates just as has been the prac-
tee of the railrc ads. The talk in express
circles is that the Interstate law does not
apply to and will not affect their bust
ness; that the railroads are the only ones
to change tactics, and that the express
business will be continued pretty much
after the old fashion. Railroad managers
do not seem to share this opinion. We
note that Receiver Sheldon, in a recent
communication to the Auditor of the
Texas and Pacific Railroad, uses the fol-
lowing language:
The newspapers have announced repeatedly
that the express companies consider themselves
as not affected by the inter state commerce
act, and, therefore, they can maze their charges
without reference to It's provisions. While
these companies make contracts with shippers
and fix the rates, nevertheless the railroad
companies are the carriers and may be held re-
sponsible as such under the law L have not
before me the contract with the Pacific Express
Company, but, as remember 1t, nothing IN that
contract relates to the fixing of rates, so that
should that company undertake to dlscrimt-
nate against individuals and places, in It's
charges, or should its charges be unjust and
unreasonable, there would be no protection TO
US on the ground that 1t was contract agreed
to prior to the passage of the act of Congress,
and were there any such provisions in that
contract we would still be amenable to the
charge of discrimination, or unjust and I'M
reasonable rates under the common law,
where 1t prevails, as under the statutes Of
any state through which our road carries
its freight for the Pacific Express Com
pany. l do not think there is safety IN allow
ing them to make such discrimination or an
just or unreasonable charges l DO not suppose
that the express company Intends doing any
such thing, but 1t is important that that matter
should be watched so that we shall not be dealt
with under the inter state commerce act, l
write this letter to you because their charges,
so far as l understand it, go only to your Office
where It's accounts are audited, and the balar ce
due US is determined. Should that company
make determinations or unjust and unreason-
able charges, we would clearly be party to
such action, for by the terms of the contract we
share in the earnings.
1t is clear, from this, that Receiver
Sheldon thinks the express companies
come under the inter state law, equally
with the railways, and it may be said that
such Interpretation appears to be entirely
reasonable and practical. Any other con-
struction would place the work of Con-
gress in a rather unfaVorabIe light, for
certainly it was not intended that eX-
press companies should use the lines of
railways to do things that the railroads
themselves are clearly forbidden TO do.
This is an interesting and important
question Mr.. Sheldon has raised, and the
business community will be very glad to
hear from headquarters on the subject.